A request for a Conditional Use
approval to allow a farmer’s market and special events on the subject
property. If the Conditional Use request is approved, the City of Port Orange
is proposing to operate a farmer’s market and hold special events on the
property as an interim use in the “PC-R” zoning district (Riverwalk).

Staff recommends approval subject
to the following conditions: The property shall be controlled by the
conditions of the Conditional Use and the requirements of the Land Development
Code; Submittal of a concept plan and a detailed description of any proposed
interim use is required prior to drafting the agreement between the vendor and
the Port Orange Town Center CRA; For each interim use, the vendor will be
required to provide staff with information (overall size of the event, sales
area, parking data from similar events, etc.) to determine the appropriate
parking ratio for that specific use; and Approval of an agreement between the
vendor and the Port Orange Town Center CRA by the CRA is required before a use
can occupy the site.

Donna Steinebach, Assistant to
the City Manager, appeared before this Commission representing the CRA (Town Center).
She stated the CRA’s two objectives are revenue generation and to allow the
property to be made available to the public for temporary use. The CRA will only
entertain proposals of things the CRA would approve of and that would reflect well
on the City. There are no specific vendors at this time. She stated the types
of special events, such as antique car shows or chili cook-offs, would be
weekend events of short duration. The CRA is not talking about long term use.
If someone makes a request for long term use it would come before this Commission
and the City Council as a separate conditional use request. Chairman Arminio
reminded Ms. Steinebach that the CRA would need to be sure to be sensitive to the
Riverside Pavilion. She stated they will certainly do that. Ms Steinebach also
stated that any vendor will be required to take care of all issues such as providing
portable restrooms. The CRA can be selective. This will give them the ability
to entertain various offers. She feels that bringing in activities will
increase the interest in the Riverwalk area.

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Commissioner Barker asked if the
property is clear of debris and slabs. Ms. Steinebach replied the property has
been under brushed and is vacant of all slabs except internal roads. This will
allow easy access for the Police Department to patrol the area from the
street. Chairman Arminio stated there are certain areas you can do one thing
that maybe you cannot in another. Ms. Steinebach replied the CRA would
consider allowing the Chamber of Commerce to expand into this property if, for
example, they had a large wedding. The two organizations can work together
well. Commissioner Green asked if this is the only portion of the Riverwalk
area designated for this type of use and not the property extending all the way
to Dunlawton Avenue. Ms. Steinebach replied that the ordinance passed does cover
the entire 35 acres and all remaining property still in private ownership as well.
Those private owners could come forward and request a conditional use for their
property as well. She remarked that this is specifically for weekend use.
Chairman Arminio asked who will make the decisions on activities such as
allowing a flea market. Ms. Steinebach answered the CRA would have to approve
the requests but they do not want that type of image. They will probably not accept
vendors related to certain types of the special events in the area such as
motorcycle events. Commissioner Lasky said she is glad Ms. Steinebach
clarified that it will be for the weekends. Commissioner Barker stated he is surprised
regarding her comments regarding motorcycle events and asked why the CRA would not
want to entertain such a revenue generating event. Ms. Steinebach remarked it
will depend on the nature of the proposal but such events have not been
seriously entertained in the past. She said the distinction will be how the City
decides to facilitate that type of activity on City owned property. She also
remarked that once this request is approved the CRA can advertise that the property
is available and begin seeking vendors. Commissioner Booth asked if this Commission
is currently involved with people who want to use the property or will that go
through the CRA. Ms. Steinebach said this Commission would only be consulted for
proposals that are made concerning longer duration such as boat storage. Chairman
Arminio asked if there is any update in interest in the Riverwalk project. Ms.
Steinebach reported a major developer is meeting with an international company
that has some interest in a possible venture in Riverwalk. There are still
parcels that need to be worked around or acquired. Chairman Arminio asked if
there were any citizen remarks regarding this proposal. Citizen John Phanco,
owner of 3340 Ridgewood, said he bought this property based on the
recommendation of two former City employees after being told it would be
developed. He feels no one has the right to ask for interim land use of this property.
He stated he was told to do certain things to conform to a project he
understood would take place in five years and it has been ten. He would like
to know where he goes to get repaid for his damages for what he had to do to
conform to the project. He feels he is

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October 28, 2010

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hearing no intention to continue
with the project. He does not want a farmers market or boat storage to be
allowed on this property. He feels allowing any other use will delay the
Riverwalk development. Chairman Arminio reiterated this is for interim use. Mr.
Phancoasked how they will know any
request for short term use is something they want to have and how the use will
be policed. Ms. Steinebach remarked it is important to establish for the
record who the CRA is comprised of: City Council and two additional Commissioners
who either live or work in the district. Citizens need to have faith in their
City Council to make good choices about types of uses for the areas. It is not
a staff based decision. She pointed out that the redevelopment plan, initiated
in 1995, has a 30 year time horizon. Redevelopment projects are, by their very
nature, long term. The City has assembled over 16 acres in pursuit of the
Riverwalk project and has worked a deal with a master developer who can bring the
project to fruition. The former trailer park is 4 acres and until the end of May
the City could not make it available because people were still living there. Citizens
have to put in perspective the opportunity for development and the state of the
economy; therefore, the time table has been lengthened from what was initially
envisioned. Ms. Steinebach realizes that nearby business owners made
substantial investments in their properties and may not want to see interim
uses. Chairman Arminio stated there will be public notices for interim uses. Mr.
Phanco referred to the then acting city manager/planner, who is no longer with
the City, who reportedly stated if the City makes it difficult for private
individuals to come in you will not have any investors.

Motion made by
Commissioner Barker, seconded by Commissioner Lasky, to recommend approval of
the request for a Conditional Use at 3459 Ridgewood Ave. as recommended by
Staff. Motion carried 5 – 1 with roll call vote, with Commissioner Green voting
no.

7. PROPERTY
OWNER REQUEST/Use of Chain-link Fence on a Multi-Family Site

The Hammocks
Homeowners Association

1020 Madeline Avenue

A request for the Planning
Commission to approve the use of chain-link fencing on a multi-family site (The
Hammocks). Chain-link fencing is not permitted on multi-family sites according
to Chapter 14, Section 4(h) of the LDC. However,

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Chapter 14, Section 4(h)(3) of
the LDC allows the Planning Commission to decide if a chain-link fence will be
allowed.

No Staff recommendation.

Tim Burman, Principal Planner,
provided backup material including photos of the area the Hammocks Homeowners
Association is requesting to place a chain link fence on. There is an existing
sliding, locked, black chain link gate blocking access to the Hammocks that was
installed with a permit approximately one and one-half years ago due to people
from the Potato Patch Subdivision cutting through the Hammocks. Tim Jordanof Atlantic Shores Management, representing the
Hammocks Homeowners Association, stated that the streets in the Hammocks are
not public roads but are private access to the residents’ parking areas and the
area is technically private property. The Association is requesting that they
be allowed to enclose the remaining area with material matching the existing
gate. Mr. Jordan reports there are three homes bordering the area where the
fence will be placed and there is plenty of shrubbery and trees that shield the
fence from public view. Chairman Arminio asked if the surrounding homeowners
were okay with this proposal. Mr. Jordan stated he has only been able to speak
to one homeowner and that homeowner was positive regarding the fencing due to
people cutting through her yard to bypass the gate. Commissioner Barker
mentioned he was concerned with setting a precedent by allowing chain link
fencing where it is prohibited. Commissioner Green asked about the height of the
proposed fence. Mr. Jordan said the fence will attach to the existing 5 foot
high gate and then taper to 4 feet high at the south end. Commissioner Barker
asked that if a 5 foot high fence is approved can more greenery be added. Mr.
Jordan stated there is existing greenery but he is willing to add more if
needed.

Motion made by
Commissioner Booth, seconded by Commissioner Green, to recommend approval of
the request for chain link fencing at the Hammocks, 1020 Madeline Ave. as
recommended by Staff. Motion carried 5 – 1 with roll call vote, with
Commissioner Barker voting no.

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8. MORATORIUM/Pain Management
Clinics

An administrative request for
approval of a 6-month moratorium relating to the issuance of business tax
receipts for pain management clinics. The moratorium

is intended to provide staff with
sufficient time to review and amend the requirements of the Land Development
Code and Code of Ordinances relating to pain management clinics.

Staff recommends approval of the
moratorium on the issuance of business tax receipts for pain management clinics
for a period of 180 days.

Gwen Perney, Planner, gave a
staff report regarding the request for a 180 day moratorium on issuing business
licenses to pain management clinics. Ms. Perney stated the department is
concerned that existing code regulations do not address problems that these
clinics present. Chairman Arminio stated there is state law being worked on to
govern pain management clinics. Commissioner Barker asked how the City will
know if a medical clinic is operating as a pain management clinic. Ms. Perney
stated they will need to be licensed in such a way to permit certain operations
such as dispensing medications from the office. She stated the Department may
be able to word the code in such a way that requires the clinics describe all
their functions in order to become licensed. Commissioner Lasky asked how many
applications for pain management clinic licenses the City has now. Ms. Perney
stated one has been closed down recently and she believes there are about four
others in operation right now. Commissioner Booth asked if the Department has
reached out to other municipalities to see what they are doing about this
issue. Ms. Perney said surrounding communities are issuing moratoriums to
study the laws and definitions as well.

Motion made by
Commissioner Barker, seconded by Commissioner Lasky, to approve the
administrative request for a 6-month moratorium issuance of business tax
receipts for pain management clinics. Motion carried unanimously by roll call
vote.

A request for approval of a
variance from Chapter 10, Section 13 of the Land Development Code to waive the
requirement to provide the City with adequate easements over the subject
property’s stormwater system (ponds, pipes, and structures). If the
variance request is approved, the property owner is proposing to provide the
City with easements over the components of the site’s stormwater

system necessary to prevent
damage to public infrastructure, natural amenities, and surrounding residential
dwellings and business.

Staff recommends denial of the
variance requested to modify the easement coverage over the stormwater system
for the US Foods Service site. However, if the Commission would recommend
approval of the variance, staff requests the following conditions be included
as a part of the motion: The variance from granting
easements to the City would just pertain to the pipes carrying stormwater from
the roof drains and inlets, within the parking lots to the stormwater ponds;
Provide the City Attorney’s office with a sketch and legal description of the
required easements no later than sixty (60) days prior to the expected
Certificate of Occupancy (C.O.) date to avoid unnecessary delay in the issuance
of the C.O.; and The easements for the detention and retention ponds shall
extend ten feet beyond the top of the banks.

Tim Burman, Principal Planner,
presented a Staff Report and diagrams showing the easement areas that are
existing and the areas that are proposed. He explained how the city code
allows the City to enter private properties to maintain or protect other
businesses or city property. Jeff Barnes, Senior Director of Corporate Real
Estate for U.S. Foodservice, explained to the
Commission how the existing easement limits the company’s ability to expand.
If the company needs to cross over any easements to update or add to existing
utilities to the building they would have to go before the City Council in each
instance to vacate and create new easements. Lynette Luff, Paralegal, remarked
that easements can be made non-exclusive depending on the scope of the easement
and the work. Mr. Barnes explained how a failure in any of the areas the proposed
easement excludes would not cause damage to any structures or infrastructures
other than on or in their own company property. The proposed easement allows
proper access to ponds and drainage areas. Mr. Burman added that the City
requires easements over the area where the water problems end up rather than
where the problem begins. Commissioner Barker stated he would like to see at

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least a
letter of permission from the company allowing the City access to easement
areas. Mr. Barnes said he can’t imagine that the company would deny access to
the City. Mr. Burman stated if the Commission approves this request there are
some standard conditions, which Mr. Barnes said the company agrees with (Conditions
listed above).

Motion made by
Commissioner Green, seconded by Commissioner Jordan, to recommend approval of
the request for variance from Chapter 10, Section 13 of

the Land
Development Code to waive the requirement to provide the City with adequate
easements over the subject

property’s
stormwater system with the above conditions as recommended by Staff. Motion
carried unanimously upon roll call vote.

OTHER BUSINESS

9. DEVELOPMENT ACTIVITY REPORT

Gwen Perney, Planner, and Wayne Clark,
Director of Community Development reported that Raydon is now open.
Commissioner Green remarked that a Port Orange Police Officer is present to
direct traffic each afternoon on the roadway that was supposed to be fair
share. Mr. Clark answered that Raydon has approximately 200 employees leaving
the business at one time which is overwhelming the system. There is no
acceleration lane when making a right turn and the break in traffic is
frequently too short for left turns. He stated they do

have a completed design for a
traffic signal that they are working on with the County. The main question is
how the signal should operate. Commissioner Barker stated Williamson Blvd was
meant to be a beltway not to be obstructed with traffic lights. Chairman Arminio
asked who is to pay for the signal. Mr. Clark said the County is not paying
for the signal and funding has not been determined yet. Commissioner Green
asked if the signal wasn’t part of the overall plan. Mr. Clark said the fair
share payments went to Summer Trees and for a signal at Town West and
Williamson and that this issue came up later. A discussion of signal timing
and other ways to minimally affect traffic on Williamson and by US

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Foods ensued. Mr. Clark remarked
the City Council will have input on what goes in.

Chairman Arminio asked what is
being done with the former Kmart property. Mr. Clark replied a Beall’s Outlet
is planned and the other three spaces have not been leased yet. He stated
Hooligan’s is slated to open around Valentine’s Day and that ABC Liquor will
have its Certificate of Occupancy before the end of the year.

10. COMMISSIONER COMMENTS

Commissioner Green remarked there has been a lot of activity
in the Pavillion.

He stated a light at Raydon could help US Foods as well.

11. STAFF COMMENTS- None.

12. PUBLIC COMMENTS- None.

ADJOURNMENT:

Motion made by
Commissioner Green, seconded by Chairman Arminio, to adjourn the meeting. Motion
carried unanimously upon voice vote.